Subcontract With Items - Korsmo Construction
Foss Landing1940 East D Street, Suite 300Tacoma, WA 98421Mailing AddressP.O. Box 1377Tacoma, WA 98401Phone (253) 582-6712Fax (253) FirmAddress»«FirmCity», «FirmState» «FirmZip»ATTENTION:«ContactFName» «ContactLName»DATE:JOB NAME:LOCATIONRE:May 31, 2016JOB#:«udFullProjectName»«JobAddress», «JobCity»«Project»SUBCONTRACT AGREEMENTWE ARE SENDING YOU:xHEREWITHUNDER SEPARATE ate»«SL»FAX:DESCRIPTIONSUBCONTRACT AGREEMENT NO. «SL»«SLDescription»Please review, sign and return via email to me ASAP.Once returned, Korsmo Construction will sign and return one executedcopy to your firm via email for your records.Thank you!xFOR REVIEW AND SIGNATURESFOR APPROVALAPPROVED AS ISFOR YOUR USEFOR YOUR FILESAPPROVED AS NOTEDRESUBMIT FOR APPROVALFOR REVIEW AND COMMENTRETURNED FOR CORRECTIONSAS REQUESTEDAS REQUIREDSUBMIT COPIES FOR DISTRIBUTIONCOPY TO: FILEBY:«PMAFirstName» «PMALastName»Project Coordinator
IMMEDIATE SUBMITTAL REQUIREMENTSSubcontractor shall submit the following items immediately and prior to commencingwork. Subcontractor will not be paid if contract compliance are not complete.Specific instructions are included in Exhibit A-Supplemental Conditions of thisSubcontract Agreement.1. Submittal Package (Product Data, Shop Drawings, and Samples)2. Certificate of Insurance3. Site Specific Safety PlanJohn Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»2 of 42
Subcontract Agreement No. «SL»SUBCONTRACT AGREEMENTTHIS AGREEMENT IS MADE AND ENTERED INTO BY AND ctor:Address:John Korsmo Construction, Inc.DBA Korsmo ConstructionP.O. Box 1377Tacoma, WA 98401(253) 582-6712(253) �FirmCity», «FirmState» tactFName» «ContactLName»1940 East D Street, Suite 300Tacoma, WA 98421Contact Person /Project Manager:(Please Print Name)Email ate»Contractor, for full, complete, and faithful performance of this Subcontract, agrees to pay Subcontractor:(a) Lump Sum in the amount of:***Zero And 00/100 Dollars «TotalSubcontract»)***OR(b) Unit Prices as set forth on the attached Unit Price Addendum which on the basis of Owner’s estimated quantities will yield a grosscontract price of approximately:***Zero per Unit ( 0.00 per Unit)John Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»3 of 42
In consideration therefor, Subcontractor agrees as follows:1.To furnish and perform all work as described in Article 3 hereof, for the construction of (Project Title and �JobShipCity», «JobShipState» dOwnerCity»forhereinafter called Owner, in accordance with the contract dated «udContractDate», between Owner and Contractor, and thegeneral and special conditions of that contract, and in accordance with the drawings, dated as of «udDrawingDate», andspecifications dated «udProjectManualDate» and addenda for the construction prepared hitectCityStateZIP»Engineers and Architects, all of which documents in their entirety are hereinafter referred to as the Main Contract and have beenand remain available to the Subcontractor.2.As related to the Subcontract work, Subcontractor agrees to assume toward Contractor all obligations and responsibilities which theContractor has assumed toward the Owner under the Main Contract, including but not limited to the General, the Special Conditionsand any and all warranty, notice, claim and dispute resolution provisions contained therein, and all other documents forming or byreference made a part of the Main Contract, all of which are hereafter referred to as the “Main Contract.” In case of conflict betweenthe terms, conditions and responsibilities of the parties to this Subcontract and the Main Contract, the conflicting terms, conditionsor responsibilities that are more burdensome on the Subcontractor shall control. A copy of the Main Contract is available at theContractor’s office for review by the Subcontractor and by executing this Subcontract, Subcontractor acknowledges it has reviewedor had an opportunity to review the Main Contract and all other Contract Documents.3.SCOPE: Subcontractor agrees to perform and furnish all labor, services, materials, and equipment required to complete:«SLDescription»Work, complete as per plans and specifications, including but not limited to Section listed above, Division 1General Requirements as it applies, and Addenda.A.OTHER EXHIBITS AND FORMS ATTACHED HERETO AND MADE PART OF THIS SUBCONTRACT AGREEMENT, ARETHE FOLLOWING:1)2)3)4)5)6)7)8)9)10)11)12)4.EXHIBIT A – SUPPLEMENTAL INSTRUCTIONSEXHIBIT B - SCOPE OF WORKEXHIBIT C - DRAWING LOGEXHIBIT D - SUBMITTAL LOG including LEED FormsEXHIBIT E - INSURANCE CERTIFICATE SAMPLE FORMEXHIBIT F - PROJECT INFORMATION SHEETEXHIBIT G - CERTIFIED PAYROLL REPORTEXHIBIT H - APPRENTICESHIP UTILIZATION LOGEXHIBIT H - TERO COMPLIANCE PLAN/ NATIVE HIRING MONTHLY REPORT FORMEXHIBIT I - UNION AFFIDAVITPAYMENT APPLICATION FORMSSERIOUS OFFENSE SAFETY VIOLATION POLICYUnder provisions of Article (R) herein, a bond (is) (is not) required in this Subcontract.John Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»4 of 42
(SEE EXHIBIT A – SUPPLEMENTAL CONDITIONS, ATTACHED HERETO AND MADE PART OF THIS SUBCONTRACTAGREEMENT.)IN WITNESS WHEREOF, CONTRACTOR and SUBCONTRACTOR have executed this agreement, effective the date of the lastauthorized signature unless otherwise agreed.In addition, THE UNDERSIGNED CERTIFY that the provision at Article (M) was reviewed and mutually agreed upon.ByJOHN KORSMO CONSTRUCTION, INC.DBA KORSMO CONSTRUCTIONCONTRACTOR (Company Name)ByBy«FIRMNAME»SUBCONTRACTOR (Company Name)ByCONTRACTOR (Authorized Signature)SUBCONTRACTOR (Authorized Signature)«PROJECTMANAGER», Project Manager(Print Name)(Print Name)JOHNKCI126BERegistration NumberRegistration NumberDateFederal Tax I.D. NumberWorkers’ Compensation Account I.D. NumberUnemployment Insurance Reference NumberUBI NumberSmall Business Type / Certification Number (if applicable)Federal CertifiedState CertifiedNative American: Tribe Affiliation:DateJohn Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»5 of 42
Subcontract General ConditionsA. OBLIGATIONS AND RESPONSIBILITIESIt is agreed that Subcontractor will assume toward Contractor all obligations and responsibilities which Contractor has assumedtoward Owner under the Main Contract, insofar as applicable, generally or specifically, to Subcontractor’s work. In case of conflictbetween the terms, conditions and responsibilities of the parties to this Subcontract and the Main Contract, the conflicting terms,conditions or responsibilities that are more burdensome on the subcontractor shall control. Subcontractor agrees not to assign orsubcontract a substantial portion of the performance of this Subcontract without the prior written consent of Contractor.Subcontractor shall designate in writing all lower-tier subcontractors to Contractor and shall not subsequently change lower-tiersubcontractors without Contractor’s approval. Contractor shall furnish to Subcontractor, upon Subcontractor’s request, the legaldescription of the premises covered by the Main Contract. A copy of the Main Contract will be made available upon request.B. SUBMITTALSSubcontractor agrees to furnish in sufficient time so that the project will not be delayed, and as required by Exhibit A, drawings,specifications, mock-ups, final selection of materials, and all other required submittals for approval by Owner or Owner's agent. Anydamage or expense caused by delay in making Submittals will be charged to Subcontractor's account. Unless otherwise directed inwriting by Contractor, all submittals shall be submitted through Contractor.Any proposed substitutions or modifications must receive prior written approval by the Architect and must be clearly and specificallyset forth in writing by the Subcontractor on shop drawings or other submittal data and in the transmittal letter.Subcontractor shall conspicuously mark all drawings "For Approval" or "For Construction" as appropriate. Any changes from anApproved Submittal must be brought to the attention of the Contractor and resubmitted for approval.Neither approval of Submittals, nor failure of the Contractor and/or Owner/Owner's agent, and/or Architect to note errors, omissions,or discrepancies on the Submittals shall relieve Subcontractor from full compliance with, nor alter the requirements of, thisSubcontract. It is the Subcontractor's responsibility to field verify and ensure that all work will fit, align with, and have compatibilitywith the work of other trades on the Project as required by the Contract Documents.Subcontractor is required to maintain onsite, up-to-date As-built drawings. Each month Subcontractor will record all As-builtinformation onto Contractor's Master set. Failure to comply with this monthly requirement will result in Subcontractor's pay requestbeing held until this information is brought current. Subcontractor will, at the close of the project, transfer all information ontoreproducible drawings. Each sheet is to be stamped As-built, dated and signed by the Subcontractor.When maintenance manuals or as-built drawings are required by the Main Contract, Subcontractor agrees to deliver to Contractor,at least ten (10) days prior to scheduled completion of the Project, unless otherwise specified, all required manuals and drawings.Subcontractor's final payment will be withheld until these requirements are met.C. SCHEDULINGSubcontractor shall commence work upon receipt of Contractor’s notice to proceed and shall diligently prosecute the same andperform progressively as, when, and in such order as directed by Contractor. If Contractor provides Subcontractor with a progressschedule, Subcontractor shall follow such schedule which may be changed by Contractor from time to time for any reason.Subcontractor shall perform in accordance with such modified schedule(s). Subcontractor shall not be entitled to any damages forperformance in accordance with such modified schedules, nor shall Subcontractor be entitled to any damages on account ofhindrances, interferences, disruptions, or delays from any causes whatsoever. Subcontractor shall cooperate with Contractor andother subcontractors.Subcontractor will be bound by any provisions in the Main Contract for liquidated damages and, if liquidated damages are assessedagainst Contractor, shall pay such damages for any delay to the extent caused by Subcontractor. The preceding language shall notbe construed to deprive Contractor of any right to recover separate or additional damages for delay to the extent caused bySubcontractor.John Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»6 of 42
D. PAYMENTSSubcontractor shall submit to Contractor applications for payment at such times as will enable Contractor to timely apply forpayment from Owner. Subcontractor’s applications for payment must be in the form of Attachment “A” hereto, “SubcontractorApplication and Certification for Payment.” As a prerequisite for any payment, Subcontractor shall provide, in a form satisfactory toContractor, lien and bond claim waivers and releases, claim waivers and releases, and affidavits of payment from Subcontractor,and its sub-subcontractors and suppliers of any tier, for the completed portion of Subcontractor’s work.Subcontractor will receive payments from Contractor only in amounts allowed to Contractor by the Owner on account ofSubcontractor’s work, and only to the extent of Subcontractor’s interest therein, less any deduction or offsets allowed to bededucted under this Subcontract or by law. Subcontractor shall be paid for work to date of Contractor’s last progress billing date, asapproved by the Architect or Engineer, within ten days after Contractor has received payment for such progress billing. Finalpayment for work under this Subcontract shall be made within ten days after Contractor has received final or complete payment,provided Subcontractor has completed its work and fulfilled each of its obligations under this Subcontract. In no event will anypayment, including payment of retention or other compensation to Subcontractor for work hereunder, be due Subcontractor fromContractor until Contractor has received such payment from Owner. Receipt by Contractor of such payment from Owner shallconstitute, and is acknowledged by Subcontractor to be, an express condition precedent to Contractor’s obligation to paySubcontractor. Subcontractor expressly accepts the risk of Owner’s non-payment, and expressly relies upon the credit of theOwner, not Contractor, for payment.Unless otherwise mutually agreed, Contractor shall withhold retainage from Subcontractor in the amount of 7%, or as required bylaw. Contractor’s obligation to release retainage to Subcontractor shall be subject to proof that there are no unpaid claims whichwould provide the basis of a lien against the premises, retainage or payment bond, or subject to (1) withholding of sufficient funds or(2) furnishing an adequate and sufficient payment and performance bond.Final payment is conditioned upon Subcontractor paying all material and labor claims (including labor fringe payments due) andpaying all lien able claims for labor, materials, equipment, and supplies in connection with the work, and paying all federal, state,and municipal taxes and licenses, including sales taxes, if any, for which Subcontractor, or any of its suppliers, or any subcontractorof Subcontractor may be liable in connection with the Subcontract, and including any obligations incurred by Subcontractor incarrying out the Subcontract, and conditioned upon Subcontractor furnishing Contractor with evidence that all of the same havebeen paid. Final payment is also conditioned upon the receipt of all required documentation, including, but not limited to,warranties, as-built drawings, operation and maintenance manuals, and required testing and certification of any and all equipmentand/or materials provided for the Project.Payments otherwise due Subcontractor may be withheld by Contractor to account for defective work that has not been remedied bySubcontractor, any breach by Subcontractor of any provision or obligation of this Subcontract, or Subcontractor’s failure to timelyprovide submittals and/or reports.Subject to the other terms of this Subcontract, Subcontractor shall be paid for work to date of Contractor’s last progress billing date,as approved by the Architect or Engineer, within ten days after Contractor has received payment for such progress billing. Finalpayment for work under this Subcontract shall be made within ten days after Contractor has received final or complete paymentprovided Subcontractor has completed its work and fulfilled each of its obligations under this Subcontract. When required byContractor, and as a prerequisite for any payment, Subcontract shall provide in a form satisfactory to Contractor partial lienreleases, claim waivers and affidavits of payment from Subcontractor, and its lower-tier subcontractors and suppliers of any tier, forthe completed portion of Subcontractor’s work.If the Main Contract permits payment for materials delivered to the jobsite or to satisfactory storage facilities, Subcontractor mayinvoice for materials so delivered and receive payment as outlined above; provided, however, that such stored materials shall be atthe risk of Subcontractor until acceptance of the Subcontract work. Subcontractor shall notify Contractor of the assignment of theproceeds of this Subcontract prior to such assignment and shall require the acceptance by Assignee of the terms of thisSubcontract including the obligation for adjustments and return to Contractor of overpayments. Subcontractor acknowledges that allpayments accepted by him or which are otherwise due under this Subcontract shall constitute a trust fund in favor of laborers,materialmen, governmental authorities, and all others who are legally entitled to a claim a lien on the premises covered by thisSubcontract or otherwise file a claim against any retainage or payment bond. Subcontractor shall pay its own subcontractors andsuppliers all sums owed them within ten days of receipt of payment from or on behalf of Contractor. Subcontractor agrees thatmonies received for performance of this Subcontract shall first be used to satisfy obligations owing by Subcontractor for labor,John Korsmo Construction, Inc. dba Korsmo Construction«Project» «udFullProjectName»Subcontract Agreement No. «SL» «FirmName»7 of 42
materials, and equipment utilized in performance of this Subcontract before any of said monies shall be diverted to satisfyobligations of Subcontractor on other contracts or for any other purpose. Subcontractor agrees that no assignment of any paymentotherwise due under this Subcontract shall be effective without first securing the express approval of any assignee to the limitationscontained in this subsection.Progress payments shall be deemed advances and are subject to adjustment at any time prior to final payment for errors,overpayment or Contractor’s good faith determination that the remaining balance of payment may be insufficient to insurecompletion of work covered by this Subcontract or to pay lien, retainage, or bond claims. If Contractor determines in good faith thatSubcontractor is obligated to Contractor or anyone else for labor, fringe benefits, taxes, supplies, materials, equipment rental orother proper charges against Subcontractor or the work covered by this Subcontract, or with regard to any other contract withSubcontractor, the amount of such obligation may be deducted by Contractor from any payment or payments, including retainage,made under this provision. Provided further that Contractor may from time to time require, and Subcontractor shall provide withinthree (3) days after written demand to Subcontractor, a statement in writing setting forth what amounts, if any, are due or payable bySubcontractor to third parties for labor, fringe benefits, taxes, supplies, materials, equipment, or other proper charges against thework in connection with, or arising out of the performance of, this Subcontract. If Subcontractor fails to furnish such writteninformation within three (3) days after demand by Contractor, Contractor may terminate this Subcontract without further notice. Incase of such termination, and in addition to any other rights and remedies Contractor may have, all monies expended by Contractorto complete Subcontractor’s work shall be deducted from the contract price herein stated, and if such expenditures exceed theamount otherwise due hereunder, Subcontractor shall pay Contractor the full amount of such excess. The terms of paymentprovided herein shall not make it incumbent on Contractor to make payments to Subcontractor in an amount that would not leave asufficient balance to cover the retained percentage together with an amount sufficient to satisfy all obligations of Subcontractor forlabor, materials, and equipment furnished or to be furnished by Subcontractor under this Subcontract or under any other contractbetween Subcontractor and Contractor.E.LOWER-TIER SUBCONTRACTORS AND SUPPLIERSSubcontractor shall not subcontract any portion of the work without the prior written consent of the Contractor. Within five (5) daysof the execution of this Subcontract, Subcontractor shall submit to Contractor a written list of all lower-
conditions or responsibilities that are more burdensome on the subcontractor shall control. Subcontractor agrees not to assign or subcontract a substantial portion of the performance of this Subcontract
SUBCONTRACT TERMS AND CONDITIONS Subcontract Terms and Conditions (1/2007 ed.) Page 1 of 16 . The following Subcontract Terms and Conditions are incorporated in the Subcontract between Contractor and Subcontractor. ARTICLE1 . SUBCONTRACT DOCUMENTS . 1.1 The Pri
Appendix 4:[Subcontract Closure Certificate] herein. “SUBCONTRACT PRICE” means the sum specified in the SUBCONTRACT, as may be adjusted pursuant to the provisions of the SUBCONTRACT, to be paid to the SUBCONTRACTOR by MMHE in accordance with the provisions of the SUBCONTRACT
Dec 09, 2019 · RECEIPT OF THIS SUB-SUBCONTRACT FORM SHALL BE DEEMED ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN WITH RESPECT TO THE PERFORMANCE OF THE WORK This Sub-Subcontract Agreement (this “Sub-Subcontract”, “Subcontract Agreement” or “Subcontract”) for
TONN AND BLANK CONSTRUCTION, LLC SUBCONTRACT AGREEMENT (1) SUBCONTRACT DOCUMENTS The "Subcontract Documents" for this Agreement consist of this Agreement, the Subcontract General Conditions attached hereto and incorporated herein as Exhibit A
Subcontract Review Attached is a Sample of our standard Subcontract Agreement. This Document defines our standard subcontract terms and conditions, Exhibits A and B, as well as the typical Subcontract format for all parts of this document such as, Exhibit C ,
“The Red Book Subcontract--Conditions of Subcontract for Construction for Building and Engineering Works, Designed by the Employer, First Edition 2011” (FIDIC 2011), “Conditions of Subcontract by Construction Industry Development Board CIDB,
Conditions of Subcontract for Construction Works First Edition (2018) is not expressly specified in the Subcontract Data or is not otherwise indicated in this Subcontract or its Main Contract, then the print version as commercially available
“Battle of the Ardennes.” And the Western Allies termed it the “Ardennes Counteroffensive.” But because of the way the map of Western Europe looked at the height of the battle, it became known to his - tory as the “Battle of the Bulge.” It was the winter of 1944–1945, months before the war in Europe would end. Despite the .
